The melody for Happy Birthday is copyrighted and not due to expire until 2030.  It is currently owned by Warner Brothers which earns more than $2 million USD per year, through enforcing its rights via ASCAP. Happy Birthday!

Here is the long and the short of it, if you sing Happy Birthday to your family and a few friends at home; you're probably have not committed any copyright infringement. However, if you perform that same tune in a bar, restaurant or club - and if the restaurant doesn't have an agreement to pay ASACP fees, you maybe engaging in copyright infringement.

It is unclear from my research as to who changed the lyrics to from "Good Morning to All" to "Happy Birthday". 

Note:  Too many friends and you maybe engaging in copyright infringement.  Warner Brothers seriously and agressively enforces their claim for ASCAP fees on Happy Birthday.  The United States copyright law in United States Code, defines publicly performing a work as "to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered."  They also sell the sheet music for $3.95 a crack over 115 years after it was first published. 

 
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3 Comments on Just in case you didn't know.

JUN
23
2008
1 Featured Post

Maybe we should start another version of Happy Birthday:)

1:10am • #1
JUN
24
2008

Cedric, does this apply to the Stevie Wonder version of Happy Birthday To You?

1:42pm • #2
JUN
25
2008
191,095 Points Outside Blog

No, Jacqueline  - That song had a different melody.  The traditional tune

|| CC   |  D C   E  D  |  CC D C  |  G  F  Bb Bb  |     A F   |  E D  ||

We speaking of that little tune you hear humming in your head, that arrangement of notes to each other.

Lot of restaurants have gotten slick and devised their own version and use it in their facilities to get around paying ASCAP fees.  Changing the notes around changes the song.

I love the Stevie version

12:55am • #3

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